April 21, 2023
A shocking judicial rebuke to Bragg's anti-Trump persecution machine
By David Zukerman
Right from the opening paragraph of her order and decision upholding the subpoena issued by the House Judiciary Committee to depose Mark F. Pomerantz, Judge Mary Kay Vyskocil let the hardcore left have it — hurling that battle cry "no one is above the law" back at them.
The request by Manhattan District Attorney Alvin L. Bragg Jr. for a temporary restraining order, enjoining enforcement of the subpoena issued to Mark F. Pomerantz by the Committee on the Judiciary of the United States House of Representatives, chaired by Congressman Jim Jordan, is DENIED. The subpoena was issued with a "valid legislative purpose" in connection with the "broad" and "indispensable" congressional power to "conduct investigations." It is not the role of the federal judiciary to dictate what legislation Congress may consider or how it should conduct its deliberations in that connection. Mr. Pomerantz must appear for the congressional deposition. No one is above the law.
And that was just for openers.
After referring to the anti-Trump book Pomerantz wrote on leaving his volunteer position in the office of the Manhattan district attorney, Judge Vyskocil sharply criticized the Bragg complaint against the House Judiciary Committee as, mostly, "a public relations tirade against former President and current presidential candidate Donald Trump" that constituted "a motion to quash a subpoena dressed up as a lawsuit."
The first 35 pages of the Complaint have little to do with the subpoena at issue and are nothing short of a public relations tirade against former President and current presidential candidate Donald Trump. The same is true of the vast majority of the exhibits accompanying the Boutrous Declaration. Of note, the Complaint acknowledges that DANY used federal forfeiture funds in investigating President Trump and/or the Trump Organization. Compl. ¶ 78. Moreover, Bragg concedes that DANY was aware that Pomerantz was writing a book about the Trump investigation and asked to review the manuscript pre-publication. Compl. ¶ 90. Pomerantz declined. Compl. ¶ 90; Pl. Mem. 21–22. At heart, the Complaint simply includes two requests for declaratory and injunctive relief directed at the congressional inquiry. The reality is that, as framed, this action is merely a motion to quash a subpoena dressed up as a lawsuit.
https://www.americanthinker.com/blog/2023/04/a_shocking_judicial_rebuke_to_braggs_antitrump_persecution_machine.html
